Prayer was offered by The HonorableLarry L. Rowe, a senator
from the seventeenth district.
Pending the reading of the Journal of Friday, February 14,
2003,
On motion of Senator Sharpe, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, ofEng. Senate Bill No. 215, Making supplementary appropriation
to department of health and human resources, health care authority.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the
Senate in the passage ofEng. House Bill No. 2794--A Bill to amend and reenact section
thirty-nine-e, article three, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to worthless checks; and increasing the allowable service
charge for a dishonored check.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage ofEng. House Bill No. 2840--A Bill to amend and reenact sections
two, three, four and six-a, acts of the Legislature, regular
session, one thousand nine hundred twenty-five (municipal
charters), as last amended by chapter one hundred ninety-four, acts
of the Legislature, regular session, one thousand nine hundred
eighty-three, all relating to the Greater Huntington Park and
Recreation District; and increasing the number of members on the
board.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage ofEng. Com. Sub. for House Bill No. 2843--A Bill to repeal section twenty, article two, chapter three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; to
amend and reenact sections twenty and forty-one, article one of
said chapter; to further amend said article by adding thereto three
new sections, designated sections forty-eight, forty-nine and
fifty; to amend and reenact sections three, five, ten and nineteen,
article two of said chapter; and to further amend said article by
adding thereto a new section, designated section four-a, all
relating to federal election procedures; providing for procedures
when voting a provisional ballot; establishing a state election
fund; setting new standards for voting systems; providing for
state-based administrative complaint procedures; authorizing the
secretary of state to establish and maintain a statewide voter
registration list; and providing for stricter identification
procedures for voter registration.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage ofEng. House Bill No. 2915--A Bill to authorize continued
payment of Class VI rate of compensation to the prosecuting
attorney of Wetzel County; and to provide that the prosecuting
attorney shall remain in part-time status.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage ofEng. House Bill No. 2933--A Bill to amend and reenact section
three, article one, chapter forty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to qualification, duties and obligations of executors or
administrators; relating to the manner and form of the oath to be
submitted by an executor or administrator before he or she is made
executor; and providing that the executor or administrator submits
personally to the jurisdiction of the court in any proceeding
relating to the estate.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
considerationSenate Bill No. 352, Reenacting jobs act.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Brooks F. McCabe, Jr.,Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Economic Development pending.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 422, Allowing public service commission change
certain rates for municipalities or cooperative utilities.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 422 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact section
four-b, article two, chapter twenty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to broadening the power of the public service commission
to allow an emergency rate for a municipality or a utility
cooperative.
And,Senate Bill No. 432, Deleting provision magistrates set
payment plans in certain cases.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 432 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact section
two-a, article three, chapter fifty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
payment plans when collecting a portion of a magistrate court fine;
and permitting an obligor to accelerate payment of a fine.
With the recommendation that the two committee substitutes do
pass.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and
joint resolutions were introduced, read by their titles, and
referred to the appropriate committees: By Senator Boley:
Senate Bill No. 550--
A Bill to amend and reenact section
eleven-a, article one-c, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to limiting the amount of acreage of timberland a person
may own to qualify for identification as managed timberland for
property tax purposes. Referred to the Committee on Finance. By Senator Unger:
Senate Bill No. 551--A Bill to amend and reenact section
seven, article fourteen-d, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to employers' contributions to the deputy sheriff
retirement fund; and increasing the contribution from nine and one-
half to ten and one-half percent. Referred to the Committee on Pensions; and then to the
Committee on Finance. By Senators McCabe, Unger and Hunter:
Senate Bill No. 552--A Bill to amend chapter twenty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article ten,
relating to establishing the "container recycling and litter
control act". Referred to the Committee on Natural Resources; and then to
the Committee on Finance. By Senators White, Bailey, Rowe and Hunter:
Senate Bill No. 553--A Bill to amend and reenact section
twenty-two-a, article two, chapter twenty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to prohibiting shooting at or killing a bear weighing less
than one hundred pounds or shooting at or killing any bear
accompanying a bear weighing less than one hundred pounds. Referred to the Committee on Natural Resources. By Senators White, Bailey, Bowman and Love:
Senate Bill No. 554--A Bill to amend and reenact section
forty-four-b, article two, chapter twenty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to increasing the cost of a bear damage stamp from four to
ten dollars; expanding the purposes for which the proceeds from a
bear damage stamp may be used; and requiring that a bear damage
stamp be purchased prior to bear hunting season. Referred to the Committee on Natural Resources; and then to
the Committee on Finance. By Senators Love, Dempsey, Caldwell, Ross and Guills:
Senate Bill No. 555--A Bill to amend and reenact section
seven, article two, chapter twenty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
providing that persons may not be guilty of trespassing or hunting
without permission merely because the person's dog pursues an
animal or wild bird onto another person's private or leased land;
and providing that prior to pursuing a straying dog the person make
reasonable efforts to notify the owner of the property of that
person's intention to pursue the dog. Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary. By Senator Bailey:
Senate Bill No. 556--A Bill to amend chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new article, designated article four-d,
relating to exempting certain physicians from obtaining
preauthorization before dispensing psychotrophic medications to
mentally ill medicaid recipient patients in order to avoid
catastrophic results from inadequate and untimely treatment; and
providing findings by the Legislature. Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance. By Senator Boley:
Senate Bill No. 557--A Bill to amend chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article
thirteen-t, relating to taxation; and providing a small business
tax abatement for real and personal property for a period of five
years on new construction on improvements of one hundred fifty
thousand dollars or less. Referred to the Committee on Economic Development; and then to
the Committee on Finance. By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 558--A Bill to repeal article thirteen-b,
chapter eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend chapter seven of said code by adding thereto a new article, designated article twenty-two; to
amend and reenact section eleven-a, article ten, chapter eleven of
said code; and to amend and reenact section nine-f, article fifteen
of said chapter, all relating to sales tax increment financing. Referred to the Committee on Economic Development. By Senators Oliverio and Hunter:
Senate Bill No. 559--A Bill to amend and reenact section
seven, article twelve, chapter seventeen-c of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to school buses generally; and limiting idling of school
buses in excess of five minutes except for certain purposes.
Referred to the Committee on Education. By Senator Oliverio:
Senate Bill No. 560--A Bill to amend and reenact section
thirty-one, article six, chapter fifty-six of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to providing that prejudgment and post-judgment interest
be based on the prime interest rate plus two percent. Referred to the Committee on the Judiciary. By Senators Hunter, Deem, Ross, Oliverio, Caldwell, Weeks and
Minard:
Senate Bill No. 561--A Bill to amend the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new chapter, designated chapter twenty-four-f, relating to authorizing the public service commission to regulate
transactions between cemeteries and veterans or their survivors
concerning fees for setting United States department of veterans'
affairs grave markers at the graves of deceased veterans; setting
forth legislative findings; providing for exemptions; authorizing
the public service commission to enforce orders; providing for
judicial review; and providing that the designation of affected
cemeteries is outside the purview of utility regulation. Referred to the Committee on Military; and then to the
Committee on the Judiciary. By Senators Harrison, Minard, Unger, Love and Facemyer:
Senate Bill No. 562--A Bill to amend and reenact section one,
article three-b, chapter sixty-one of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; and to further
amend said article by adding thereto a new section, designated
section six, all relating to providing that the term "posted land"
for purposes of defining "trespass" includes postings accomplished
with certain colors of paint; and providing a penalty for persons
who post other persons' or entities' lands. Referred to the Committee on the Judiciary. By Senators Harrison, Minard, Unger, Ross and Facemyer:
Senate Bill No. 563--A Bill to amend and reenact sections two
and three, article three-b, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, all relating to increasing the fines for trespass to structures and
conveyances and to all other tangible properties. Referred to the Committee on the Judiciary. By Senators Kessler, McKenzie, Bowman and Edgell:
Senate Bill No. 564--A Bill to amend and reenact section nine,
article twenty-two, chapter twenty-nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; and to
amend and reenact section ten of said article, all relating to
allowing the use of player-operated on-line ticket dispensing
devices to play travel and other on-line lottery games if the
drawing of winning numbers for those games occurs no more
frequently than five-minute intervals; and increasing the
percentage licensed lottery sales agents receive from gross sales
to twenty percent from seven percent. Referred to the Committee on the Judiciary; and then to the
Committee on Finance. By Senator Kessler:
Senate Bill No. 565--A Bill to repeal sections thirteen and
thirteen-a, article twenty-one, chapter twenty-nine of the code of
West Virginia, one thousand nine hundred thirty-one, as amended;
and to amend and reenact sections three, six, eight, nine, ten,
eleven and twelve of said article, all relating to public defender
services; creating the indigent defense commission; specifying
members and their terms; transferring powers and duties of agency to the executive director; authorizing the executive director to
reduce or reject vouchers; removing public defender corporation
board members; activation of corporations; permitting the
employment of both full-time and part-time attorneys; changing the
manner of appointment of panel attorneys; removing the sections
relating to public defender corporations' funding; requiring
corporations to submit budget; amending funding contracts; payment
of fees to panel attorneys; requiring services provided to public
defender corporations; authorizing imposition of administrative
service fee on vouchers by executive director; and creating a
special revenue account for the fees. Referred to the Committee on the Judiciary; and then to the
Committee on Finance.By Senators Chafin, Ross, Unger, Bailey and Helmick:Senate Bill No. 566--A Bill to amend and reenact section ten-
a, article one, chapter fifty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to amend and
reenact section thirteen, article two of said chapter, all relating
to increasing the salaries of justices of the supreme court and
judges of circuit courts.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.By Senators Love, Ross, Rowe, Unger, Dempsey, Sprouse and
White:
Senate Bill No. 567--A Bill to amend and reenact section
eighteen, article sixteen-a, chapter seventeen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to providing a reduced toll for motorcycles using the West
Virginia turnpike.
Referred to the Committee on Finance. By Senator Facemyer:
Senate Bill No. 568--A Bill to amend and reenact sections two,
three, four, six, eight and nine, article ten, chapter forty-four
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, all relating to modifying procedures allowing
appointment of guardians for minor children; and transferring duty
of appointment from county commissions to circuit courts except
where parents agree to the appointment or where parent makes
appointment by last will and testament.
Referred to the Committee on the Judiciary. By Senators Prezioso, Weeks, Hunter, Bailey, Minard, Kessler,
Ross, Sprouse, Edgell, Oliverio, Unger, McKenzie, Rowe, Sharpe,
Helmick and Chafin:
Senate Bill No. 569--A Bill to amend and reenact section
fourteen, article three, chapter seventeen-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to authorizing the issuance of a special motor vehicle
license plate for Knights of Columbus members.
Referred to the Committee on Transportation; and then to the
Committee on Finance.By Senator Rowe, Bailey, Jenkins, White and Fanning:
Senate Bill No. 570--A Bill to amend chapter five-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article two-e;
and to amend article fifteen, chapter eleven of said code by adding
thereto a new section, designated section thirty-four, all relating
to the West Virginia tourism destination economic development act;
prescribing additional duties for the state development office;
setting forth additional powers of the state development office;
defining certain terms related to tourist destination development;
setting forth legislative findings; providing for evaluation
standards; providing for certain procedures in processing tourist
destination development project applications; providing for
consultation services related to project applications; providing
the state development office with authority to approve tourist
destination development projects; creating a tourist destination
development advisory board; and providing for a tourist destination
development project credit against the state sales tax. Referred to the Committee on Economic Development; and then to
the Committee on Government Organization.By Senator Deem:
Senate Bill No. 571--A Bill to amend and reenact section one, article ten, chapter eighteen-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to tuition
and fees; and authorizing each higher education governing board to
charge extra tuition to students attending more than full-time as
the term is redefined.
Referred to the Committee on Education; and then to the
Committee on Finance.By Senators White, Harrison, Rowe, Snyder, Unger, Hunter and
Jenkins:
Senate Bill No. 572--A Bill to amend the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new chapter, designated chapter seventeen-f,
relating to racial profiling data collection; defining "minority
group"; and requiring attorney general to conduct analysis of
traffic stops and provide an annual report.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.By Senators Rowe and Unger:
Senate Bill No. 573--A Bill to amend and reenact section six,
article seventeen, chapter seventeen-c of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to the requirement that certain loads of motor vehicles be
covered; and making the operator and the owner of the vehicle
violating this section guilty of a misdemeanor. Referred to the Committee on Transportation; and then to the
Committee on the Judiciary.By Senator Rowe:
Senate Bill No. 574--A Bill to repeal section two, article
two, chapter forty-four of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; to amend and reenact section
fourteen-a, article one of said chapter; and to amend and reenact
section one, article two of said chapter, all relating to
publication of notice of administration of estate by the county
clerk; and requiring publication of notice upon referral of the
estate to a fiduciary commissioner. Referred to the Committee on the Judiciary; and then to the
Committee on Finance.By Senator Unger:
Senate Bill No. 575--A Bill to amend chapter forty-six-a of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article six-k,
relating to requiring disclosure of known defects by sellers of
real property; limiting liability of real estate agents; and
providing criminal penalties. Referred to the Committee on the Judiciary.By Senator Rowe:
Senate Bill No. 576--A Bill to amend and reenact section
fifteen, article three, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
relating to providing that the purchasing division of the
department of administration has regulatory authority over
purchases and sales for flood and other emergency relief. Referred to the Committee on Government Organization.By Senators Rowe, McCabe and Snyder:
Senate Bill No. 577--A Bill to amend and reenact section one,
article one, chapter seventeen-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to amend and reenact
section nine, article three of said chapter; to amend and reenact
section three, article four of said chapter; to amend article one,
chapter seventeen-c of said code by adding thereto a new section,
designated section sixty-seven; to amend and reenact sections two,
six-a and eight, article five of said chapter; to amend and reenact
sections one, one-a, two, two-a and three-a, article five-a of said
chapter; to amend and reenact sections eighteen and eighteen-b,
article seven, chapter twenty of said code; and to amend and
reenact section one, article six-a, chapter thirty-three of said
code, all relating to driving or operating a motorboat or other
vessel under the influence of alcohol, controlled substances or
drugs; reducing the allowable blood alcohol content for driving
under the influence from ten hundredths to eight hundredths of one
percent of body weight; increasing reinstatement and hearing docket
fees; defining the term "conviction"; requiring the prosecuting attorney to submit in writing a statement for the record if an
inquiry has been made into any prior convictions and if any prior
convictions are found, requiring the statement to identify the
court entering the order of the previous conviction and its date
and the court action number for each previous offense; increasing
penalties; and mandatory participation in the motor vehicle alcohol
test and lock program for repeat offenders.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.By Senators White, Love, Ross, Minard, Sharpe, Helmick and
Rowe:
Senate Bill No. 578--A Bill to establish the central highlands
West Virginia highway authority to include representatives from
Braxton, Webster, Randolph and Pocahontas counties; appointment of
officers; and powers of authority. Referred to the Committee on Government Organization; and then
to the Committee on Finance.By Senator Rowe:
Senate Bill No. 579--A Bill to amend article six, chapter
forty-nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section thirteen, relating to petitions for changes of custody when
a caretaker-relative has temporary parental custody of a related
child or children; providing a presumption to continue custody in a caretaker-relative when a change of custody petition is sought as
being in the best interest of the child or children when the
caretaker-relative with temporary parental custody of a related
child or children has had custody of the child or children for at
least eight of the last twelve months preceding the petition filing
date; and providing that a caretaker-relative continues to have
temporary custody until the end of the school year when a change of
custody petition has been granted during the school year unless
shown to do so would not be in the best interest of the child or
children. Referred to the Committee on the Judiciary.By Senator Unger:
Senate Bill No. 580--A Bill to amend article one, chapter
sixteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section nineteen, relating to septic system and cesspool
inspectors; and inspections of individual water supplies and
individual on-site wastewater systems.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.By Senators Hunter and Minear:
Senate Bill No. 581--A Bill to amend and reenact section
three, article one, chapter twenty-four-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, relating to motor carriers; and providing certain exemptions for
wrecker services. Referred to the Committee on Transportation; and then to the
Committee on the Judiciary.By Senator Harrison:
Senate Bill No. 582--A Bill to amend article twenty-one,
chapter eleven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section,
designated section twenty-two, relating to personal income tax; and
authorizing a tax credit for parents or legal guardians who provide
their children with either home or private schooling. Referred to the Committee on Finance.By Senators Chafin, Love, Edgell, Snyder, Bailey, Tomblin (Mr.
President), Minear, Guills, Weeks, Sprouse, Helmick, Ross, Sharpe
and Fanning:
Senate Bill No. 583--A Bill to amend chapter seventeen-c of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article
seventeen-a, relating to raising current weight limits to a minimum
of eighty thousand pounds; creating the extended weight coal haul
road system; providing for special permits system allowing for
transportation of coal at weights in excess of certain maximum
gross weights; prescribing the criteria for designating state roads
and highways that are eligible to compose the extended weight coal haul system; prescribing the criteria for issuance of special
permits and conditions thereon; providing that the secretary of the
department of transportation determine the permit system; requiring
decals indicating use of system; prescribing decal fees;
prescribing requirements for requests for decals and prorating
fees; providing for impoundment of vehicles operated in violation
of the weight limits prescribed herein; providing for criminal
penalties for owners, lessees and borrowers of vehicles and civil
administrative penalties for producers and shippers of coal shipped
in excess of permitted weights; reporting requirements for vehicle
owners and receivers of coal transported on public highways;
providing for reduction of weight and speed limits by the secretary
of the department of transportation; providing the secretary of the
department of transportation authority to promulgate rules relating
to special permits, inspections and the assessment of
administrative penalties; and providing for the concurrent
jurisdiction of magistrates and the disposition of civil
administrative penalties. Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on Finance.By Senators Jenkins, Plymale and Minear:
Senate Bill No. 584--A Bill to amend and reenact section
thirty-seven, article one, chapter three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, relating to restrictions on presence and conduct at polls;
authorizing voter verification persons or "checkers" to be
appointed by recognized political parties to verify voters'
identities and party affiliations during general elections; and
providing criminal offense and penalties. Referred to the Committee on the Judiciary.By Senator Snyder:
Senate Bill No. 585--A Bill to amend article two, chapter nine
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, by adding thereto a new section, designated section
twelve, relating to prohibiting optional medicaid benefits over
those required by the federal government unless specifically
approved by the Legislature. Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.By Senator Unger:
Senate Bill No. 586--A Bill to amend and reenact section five,
article nine-a, chapter six of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to boards
and commissions; and providing that governing bodies of public
agencies need not have a second to a motion if the governing body
has seven or less members. Referred to the Committee on the Judiciary.By Senators Unger, Hunter and McCabe:
Senate Bill No. 587--A Bill to amend and reenact section
thirteen, article two, chapter fifteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to allowing members of the West Virginia state police to
participate in political activities when not on duty and not
wearing a uniform. Referred to the Committee on the Judiciary.By Senators Jenkins, Ross and Rowe:
Senate Bill No. 588--A Bill to amend chapter five-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article two-e,
relating to implementing a transportation and economic development
information system; locating the system in the Nick J. Rahall II,
Appalachian transportation institute; and setting forth a work
plan.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.By Senators Smith and Weeks:
Senate Joint Resolution No. 13--Proposing an amendment to the
Constitution of the State of West Virginia, amending article VI
thereof by adding thereto a new section, designated section fifty-
seven, relating to clarifying that the Constitution does not
require the state to pay for any abortion; numbering and
designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary.By Senators Smith and Weeks:
Senate Joint Resolution No. 14--Proposing an amendment to the
Constitution of the State of West Virginia, amending article VI
thereof by adding thereto a new section, designated section fifty-
seven, relating to providing that the Constitution of West Virginia
does not grant, offer, confer, bestow or imply a right of a woman
to an abortion; numbering and designating such proposed of
amendment; and providing a summarized statement of the purpose of
such proposed amendment.
Referred to the Committee on the Judiciary.
Senators Rowe, McCabe, Ross, Hunter, Unger, White and Fanning
offered the following resolution:Senate Concurrent Resolution No. 28--Requesting the Division
of Highways name the bridge located on the West Virginia Turnpike
at milepost 83.43, spanning Cabin Creek and Kanawha County Route
79/3, as the "Mother Jones Labor Heritage Bridge".
Whereas, Mary Harris Jones, renowned octogenarian and rabble
rousing labor organizer, known as "Mother Jones" or "Miners'
Angel", was active in the labor movement early in the 20th century
when the United States was changing dramatically from an agrarian
economy to an industrial economy; and
Whereas, Mother Jones came to national attention during the Paint Creek--Cabin Creek coal mine strike in West Virginia in 1912
when she was 82 years old; and
Whereas, On September 21, 1912, Mother Jones led a march of
miners' wives and children through the streets of Charleston to
dramatize conditions under which the miners were working; and
Whereas, The resulting furor from this march and her speeches
during this strike resulted in Mother Jones being arrested, tried
and convicted by a martial law court and subsequently imprisoned in
a boarding house in Pratt, West Virginia; and
Whereas, Her imprisonment caused the United States Senate to
order a commission to investigate conditions in the West Virginia
coalfields; and
Whereas, Mother Jones was set free from prison by newly
elected West Virginia Governor Henry Drury Hatfield and continued
her nationwide crusade to encourage working people to join labor
unions. She made her last fiery public speech at her 100th birthday
party on May 1, 1930; and
Whereas, It is fitting that the interstate bridge spanning
Cabin Creek and Route 79/3, known as Cabin Creek Road, in Kanawha
County be dedicated to this remarkable senior citizen who added to
the rich and colorful history of this state and created a legacy
for the labor movement nationwide; therefore, be it Resolved by the Legislature of West Virginia:That the Legislature hereby requests the Division of Highways name the bridge located on the West Virginia Turnpike at milepost
83.43, spanning Cabin Creek and Kanawha County Route 79/3, as the
"Mother Jones Labor Heritage Bridge"; and, be itFurther Resolved, That the Division of Highways provide and
erect signs at either end of the bridge displaying the name "Mother
Jones Labor Heritage Bridge"; and, be itFurther Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
Which, under the rules, lies over one day.
Senators Prezioso, Unger, Jenkins, Edgell, Plymale, McCabe and
Rowe offered the following resolution:Senate Concurrent Resolution No. 29--Requesting the Joint
Committee on Government and Finance study the childhood obesity
epidemic in West Virginia with regard to chronic diseases, poor
nutrition and inadequate exercise.
Whereas, The prevalence of obesity has increased sharply among
American adolescents and children since its recognition as a
national health risk nearly a half century ago; and
Whereas, According to the Department of Health and Human
Resources, 40 percent of children in West Virginia are either
overweight or obese; and
Whereas, Twenty-two percent of middle and high school students
ages 12 to 18 years report that they engage in little or no strenuous physical activity, with even higher percentages having
high-fat diets; and
Whereas, Among school-age children, 18 percent report eating
five servings of fruit and vegetables daily; and
Whereas, Physical education is taught only 2.6 days per week
on average in elementary schools and only one semester on average
in middle school, with less than 40 percent of students being able
to pass the President's Physical Fitness Challenge; and
Whereas, Obesity presents numerous problems for children. In
addition to increasing the risk of obesity in adulthood, childhood
obesity is the leading cause of pediatric hypertension, is
associated with Type II diabetes mellitus (also known as adult
on-set diabetes), increases the risk of coronary heart disease and
increases stress on weight-bearing joints; and
Whereas, The harmful effects of obesity, its multiplicity of
causes, its persistence from childhood into adulthood and the
scarcity of successful treatment options indicate a need for
increased attention to the prevention of excessive weight gain
starting as early in life as possible; and
Whereas, This societal challenge can be dealt with through a
host of treatments such as, but not limited to, parent education,
physical activity, diet management, behavior modification and
policy development; and
Whereas, Reversing current trends among our youth will require a multifaceted approach, as well as active participation of health
officials, researchers, educators and legislators in the
formulation of obesity prevention programs; therefore, be itResolved by the Legislature of West Virginia:That the Joint Committee on Government and Finance is hereby
requested to study the childhood obesity epidemic in West Virginia
with regard to chronic diseases, poor nutrition and inadequate
exercise; and, be itFurther Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2004, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be itFurther Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senator Ross offered the following resolution:Senate Concurrent Resolution No. 30--Requesting the Division
of Highways name the replacement bridge on Sellers Run Road in
Tyler County the "E. Glenn Moore Memorial Bridge".
Whereas, E. Glenn Moore was a lifelong resident of Tyler
County who was well-known and loved in the county and the state and who, with his wife, Ruth, raised three children while contributing
his time, efforts and money to many worthwhile work, church and
community projects; and
Whereas, E. Glenn Moore was President of Local #698 of Union
Carbide for many years and worked tirelessly for his union members
and their families to better working conditions, wages and
benefits; and
Whereas, E. Glenn Moore helped to organize the Long Reach
Employees Federal Credit Union and served as its board president
for many years; and
Whereas, E. Glenn Moore attended Archer's Chapel, served for
25 years as superintendent of Little Church and was instrumental in
the construction of new Sunday school rooms and bathrooms for these
churches; and
Whereas, E. Glenn Moore supported the youth of his county and
state by organizing the building of a gymnasium in Friendly where
kids could play ball, by serving as project leader for the 4-H Club
for many years and by encouraging his children, nieces and nephews
to obtain their college educations; and
Whereas, E. Glenn Moore and his wife, Ruth, petitioned AT&T to
extend toll-free calling in Tyler County to New Martinsville, thus
saving money for their neighbors; and
Whereas, E. Glenn Moore and his wife, Ruth, organized the
first Heritage and Historical Society in Tyler County and helped negotiate the events which turned the former Tyler County High
School into what is now the Tyler County Museum; and
Whereas, It is fitting that this bridge, as requested by his
family, friends, coworkers, neighbors and the Tyler County
Commission, which is located on a portion of his widow's property
be named for this true West Virginia gentleman who touched so many
lives and left his mark on the hearts of all who knew him;
therefore, be itResolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the replacement bridge on Sellers Run Road in Tyler County the
"E. Glenn Moore Memorial Bridge"; and, be itFurther Resolved, That the Division of Highways provide and
erect signs at either end of the bridge displaying the name "E.
Glenn Moore Memorial Bridge"; and, be itFurther Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and to the family of E. Glenn
Moore.
Which, under the rules, lies over one day.
Senators Ross, Helmick, Hunter, Sharpe and Unger offered the
following resolution:Senate Concurrent Resolution No. 31--Requesting the Division
of Highways name the bridge spanning the Blackwater River at milepost 5.7 as the "E. F. 'Buck' and Nell Jane West Memorial
Bridge".
Whereas, E. F. "Buck" and Nell Jane West lived their lives in
West Virginia and instilled a love of the state and its natural
beauty in their five children; and
Whereas, E. F. "Buck" West worked for the Division of Highways
from the 1920s through the late 1980s, retiring when he was in his
seventies, and contributed his labor and expertise to many state
road projects, including the WPA road construction over difficult
terrain in Randolph County; and
Whereas, Nell Jane West was a middle school teacher in Upshur
County and is remembered fondly by generations of students; and
Whereas, E. F. "Buck" and Nell Jane West sent their five
children, grandchildren and great-grandchildren into the world with
an abiding love for their home state of West Virginia; and
Whereas, It is fitting that this bridge near Canaan Valley
that they so loved be named in the memory of these hardworking
public servants whose descendants still call West Virginia home;
therefore, be itResolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge spanning the Blackwater River at milepost 5.7 as
the "E. F. 'Buck' and Nell Jane West Memorial Bridge"; and, be itFurther Resolved, That the Division of Highways provide and erect signs at either end of the bridge displaying the name "E. F.
'Buck' and Nell Jane West Memorial Bridge"; and, be itFurther Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and the family of E. F. "Buck" and
Nell Jane West, including their surviving daughters, Jane West
Ralston, Linda West Pertz, Pam Schneeman and Jenny Lynne West.
Which, under the rules, lies over one day.
Senators Ross, Hunter, Boley, Sharpe, Unger, White, Love,
Rowe, Sprouse, Minear, Dempsey, Fanning and McCabe offered the
following resolution:Senate Concurrent Resolution No. 32--Requesting the Joint
Committee on Government and Finance study the Medicaid Waiver
program for the senior population of West Virginia.
Whereas, The senior population continues to become a large
percentage of the West Virginia population; and
Whereas, This population is living longer due to improvements
in health care, but improved health care has also created a
population of seniors who are in fragile health; and
Whereas, The senior population of West Virginia would rather
remain in their home and be as independent as possible; and
Whereas, It is more economically efficient to provide some
health care and supportive services in the home; and
Whereas, The West Virginia Medicaid Waiver program may save significant money by providing these services in the home instead
of institutional care; therefore, be itResolved by the Legislature of West Virginia:That the Joint Committee on Government and Finance is hereby
requested to study the Medicaid Waiver program for the senior
population of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the Legislature in December, 2003, on its
findings, conclusions and recommendations, together with drafts of
any legislation necessary to effectuate its recommendations; and,
be itFurther Resolved, That, due to the immediacy of the situation,
the members of the Legislature recommend that the Department of
Health and Human Resources lift the freeze it imposed on this
program until this study and its recommendations are concluded;
and, be itFurther Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance. Which, under the rules, lies over one day.

The Senate proceeded to the seventh order of business.

Senate Concurrent Resolution No. 27, Requesting Joint
Committee on Government and Finance study protection of water supply.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Natural
Resources. Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.